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Jasper Janssen wrote:
>
> On Sat, 18 Dec 1999 02:39:58 GMT, mattdm@mattdm.org (Matthew Miller)
> wrote:
>
> > It's snooping in stuff that they've made publicly available. Walking down
> > the public alley behind a store because you're curious about what might be
> > back there could possibly be called "snooping", but it's not unethical by
> > any means. (And I'm not talking about casing the joint for a future heist or
> > anything. *grin* That's a whole seperate issue.)
>
> Interesting side-issue: what about going through the garbage in the
> alley? I could see it either way - people don't generally leave
> sensitive information in the dumpster, unless they're idiots, but
> legally, is acquiring, say, hardware schematics from corporate
> thrashcans illegal?
No. Refuse, once released to an ordinary refuse collection service, is
no longer the property of the originator. If you don't want people
viewing your secret plans, shred them and contract with a secure
document service which retains control until the shredded items are
destroyed, don't just leave them lying around. This has been tested in
court (in the US) many times.
Shredding shows intent to control access. Use of a secure recycling
service shows intent to control access. If you can't show intent, you
can't claim protection. IP law again. Tested in court.
It may not be polite to go rooting around in the garbage, but it's not
illegal. Throwing valuable material away is foolish. Fools deserve
instruction by example.
It may not be polite to go rooting around on public servers, but it's
not illegal. Leaving valuable material there and expecting privacy is
foolish.
We are beating a deceased equine here. Todd is wrong about the law. LEGO
is wrong about the law. Insisting makes Todd look foolish, and it makes
LEGO look foolish. But, let them insist all they wish.
Todd ALSO is well within his rights to ask (and enforce via TOS) that we
not do things, even if otherwise legal, on his server. If we cannot
convince him he's wrong, we'll have to humor him. We may as well all
face that. I'd rather try to convince LEGO they're wrong, even if it's
harder, as that's what has wider applicability and ramifications.
--
Larry Pieniazek larryp@novera.com http://my.voyager.net/lar
- - - Web Application Integration! http://www.novera.com
fund Lugnet(tm): http://www.ebates.com/ ref: lar, 1/2 $$ to lugnet.
NOTE: Soon to be lpieniazek@tsisoft.com :-)
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